What is a Personal Injury Lawsuit?
You may be eligible for compensation if you have been injured due to the actions or inactions of another person. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil matter in which the plaintiff seeks compensation for their losses, which include medical bills, lost wages property damage, and other costs. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding to compel a person or entity to pay money for damages related to an accident. The injured party is known as the plaintiff while the responsible parties are called defendants. Personal injury cases can include the wrongful death of a person who dies due to negligence or wrongful actions of others.
Damages are usually classified into two categories: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are very rare and are designed to punish the offender when they have committed a number of extreme acts.
The first category of damages is often referred to as "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims may also include additional costs, like transportation costs to and from appointments, or the need to modify your home to accommodate a permanent disability.
Non-economic damages are also called "pain and suffer" damages. They are more difficult to quantify and include the emotional distress, mental anxiety and suffering caused by accidents. Your lawyer can help you value these damages based on the severity of your injury. It could be based on the ability to participate in activities that you used to do or your loss of connection with family members.
Statute of limitations
A legal principle known as the statute of limitations obliges anyone injured in an accident must file an action within a specified date or the claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to stop people from drag out incident-related litigation indefinitely.
The exact time limit differs from one state another, but the majority of personal injury lawsuits have a time frame of between two and four years. However, there are exceptions that may prolong the time required for a victim to file their claim and they should seek legal advice for help to determine if their case falls within one of these exceptions.
One of the main facets of the statute of limitations is that it applies only to the filing of a lawsuit in a court. Many injury cases are resolved through the insurance claim process and do not require a formal lawsuit filing. It is still important to give yourself enough time to start a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises that cannot be resolved with insurance.
Some circumstances can pause the clock on the statute of limitations, but they are not common and have to be evaluated on a case-by case basis. The statute of limitation may not start until the person discovers or should have known that the injury resulted from someone else's negligence. In certain states, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the party who caused the injury. It claims that the defendant violated their duty of care and the breach caused harm and losses for the plaintiff. The defendant is held responsible for these damages.
The first document you file with a personal injury lawsuit is referred to as the complaint, and it contains specific details about the incident that led to your injuries. It also outlines the damages you're seeking. The complaint also contains a "prayer for relief" which outlines what you want the court to do. The complaint and summons must be given to the defendant.
The defendant must respond to the complaint within a set of deadlines and either admit or deny the allegations in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit depends on solid evidence such as medical records and testimony from witnesses. We work closely with our clients to gather all relevant information and then include it in the case. The evidence we gather will also help us to negotiate with the defendants' attorneys or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the defendant's negligence caused your accident. You must also prove that you suffered injuries in your accident and that your injuries are worthy of the amount of financial compensation.
It can be a lengthy process, but the trial is where you'll be able to decide if you'll get the damages you deserve. In the case of a trial before the jury, your lawyer will argue that the defendant is at responsibility and the need to pay for your losses. The defendant will present evidence to prove that their actions were unrelated to the accident. This will prevent them from settling your losses.
You must attend a pre-trial meeting before proceeding with the trial. This is the first time that your case will be subject to deadlines imposed by a judge. Elgin injury lawyer You Tube is also the time where your lawyer will discuss the case with the defense.
A judicial registrar, also known as an official from the court staff, typically conducts preliminary conferences. Unless the case is handled under the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All parties are required to attend in person. If a person is unable to attend in person, the convenor is able to permit them to attend via telephone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls into one of three categories: expedited standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties named in the lawsuit have either twenty or thirty days in which to respond (although this deadline can be extended if the court gives consent). Once the Answer has been filed, the case is moved into the discovery phase. During this time, both sides exchange information in the form of written discovery demands and depositions.
After the discovery process is concluded The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document outlines legal claims and the relief sought - typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, to help them prepare for trial.
The court must look over the Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only abide by a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and not include any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike references to willful and intentional actions from a medical malpractice claim.
The court will not allow a new doctrine to be introduced at an point in the action that is unreasonablely late. To avoid prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit offering an adequate explanation for the lateness of the amendment.
Physical Exam
When a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct might be to ask the reason a doctor who may not know you or your medical history and the particulars of your incident is required to conduct an examination. This type of examination is required by Washington law, can be beneficial to your case.
IMEs are typically performed by doctors who are employed by the insurance company of the defendant. Their aim is to provide an alternative view of your injuries. Although they are often described as "independent," these physicians as well as insurance companies have their own agendas and financial stake in reducing the amount of compensation that can be given to a victim of injury.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide an IME doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to spot dishonesty, and could utilize this information in court.